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B.I. v. Montgomery County Board of Education

United States District Court, M.D. Alabama
Nov 12, 2010
750 F. Supp. 2d 1280 (M.D. Ala. 2010)

Opinion

Civil Action No. 2:10cv621-WHA-WC (WO).

November 12, 2010.

Tyrus Bernard Sturgis, Bernard Sturgis LLC, Birmingham, AL, for Plaintiff.

Erika Perrone Tatum, James Robert Seale, Hill Hill Carter Franco Cole Black, PC, Juliana Faria Teixeira Dean, Larry Eugene Craven, Alabama Department of Education, Montgomery, AL, for Defendant.


MEMORANDUM OPINION AND ORDER


I. INTRODUCTION

This case is before the court on a Joint Motion to Dismiss (Doc. #10) filed by Defendants Barbara Thompson ("Thompson"), Alabama State Department of Education ("Alabama DoE"), and Dr. Joseph Morton ("Morton," collectively, the "Moving Defendants") on September 13, 2010.

The Plaintiff, B.I., filed a pro se Complaint (labeled "Notice of Appeal To Petition for Judicial Review"), individually and on behalf of her son ("B," collectively, "Plaintiffs"), against the Moving Defendants and the Montgomery County Board of Education ("Montgomery BoE," collectively, "Defendants"), in the Circuit Court of Montgomery County, Alabama on June 25, 2010. Defendants removed the case to this court on July 19, 2010, and Plaintiffs have thereafter been represented by counsel. The Complaint seeks judicial review of an impartial due process hearing conducted pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq. ("IDEA").

The court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 (federal question) and 20 U.S.C. §§ 1400 et seq. (IDEA).

For reasons to be discussed, the Joint Motion to Dismiss is due to be GRANTED.

II. MOTION TO DISMISS STANDARD

The court accepts the plaintiff's allegations as true, Hishon v. King Spalding, 467 U.S. 69, 73 (1984), and construes the complaint in the plaintiff's favor, Duke v. Cleland, 5 F.3d 1399, 1402 (11th Cir. 1993). In analyzing the sufficiency of pleading, the court is guided by a two-prong approach: one, the court is not bound to accept conclusory statements of the elements of a cause of action and, two, where there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to entitlement to relief. See Ashcroft v. Iqbal, ___ U.S. ___, 129 S.Ct. 1937, 1949-50 (2009). "[A] plaintiff's obligation to provide the `grounds' of his `entitle[ment] to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citation omitted). To survive a motion to dismiss, a complaint need not contain "detailed factual allegations," but instead the complaint must contain "only enough facts to state a claim to relief that is plausible on its face." Id. at 570. The factual allegations "must be enough to raise a right to relief above the speculative level." Id. at 555.

All litigants, pro se or not, must comply with the Federal Rules of Civil Procedure. Although the court is required to liberally construe a pro se litigant's pleadings, the court does not have "license to serve as de facto counsel for a party . . . or to rewrite an otherwise deficient pleading in order to sustain an action." GJR Investments, Inc. v. Cnty. of Escambia, Fla., 132 F.3d 1359, 1369 (11th Cir. 1998) (citations omitted) (overruled on other grounds).

III. FACTS

The allegations of the Plaintiffs' Complaint are as follows:

At all relevant times, B was a student in the Montgomery County school system. B.I., B's mother, disagreed with the way that B was being educated by the Montgomery County school system, considering B's disabilities. After failing to resolve this disagreement, B.I. filed a request for an impartial due process hearing, dated April 29, 2010 (the "Due Process Complaint"), seeking relief under IDEA. The only parties to the proceeding were B.I. and Montgomery BoE.

On April 30, 2010, the hearing officer ruled for Montgomery BoE and denied B.I.'s requests for relief. On June 25, 2010, Plaintiffs filed a Complaint in the Circuit Court of Montgomery County, Alabama, seeking judicial review of the due process hearing decision, naming as defendants Montgomery BoE, which was a party to the impartial due process hearing, and the Moving Defendants, who were not parties to the hearing. Defendants subsequently removed the case to this court. Plaintiffs allege in a Complaint styled "Notice of Appeal to Petition for Judicial Review" that they are entitled to "an appeal of the due process hearing decision" because Defendants (1) violated Plaintiffs' constitutional rights; (2) violated Plaintiffs' statutory rights; (3) acted in violation of "any pertinent agency rule;" (4) acted "upon unlawful procedure;" (5) were "[a]ffected by other error of law;" (6) were "[c]learly erroneous" in light of the "whole record;" and (7) were "unreasonable, arbitrary, or capricious, or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion." (Doc. 1-4 at 2, 6-7.) Subsequently, after being ordered to do so by this court, Plaintiffs sought and acquired counsel. Plaintiffs' counsel made an appearance on behalf of Plaintiffs in this case on August 27, 2010, and have been representing Plaintiffs during the pendency of the Moving Defendants' Motion. (Doc. #8.)

IV. DISCUSSION

Plaintiffs seek to "appeal . . . the due process hearing decision rendered on April 30, 2010." (Compl. at 2.) In other words, Plaintiffs seek judicial review of the impartial due process hearing decision adverse to them pursuant to IDEA, and seek to include the Moving Defendants as parties to this action. Plaintiffs' action is due to be dismissed with respect to the Moving Defendants. The court will first discuss this action with respect to Morton and Thompson, then it will discuss this action with respect to Alabama DoE.

A. No Individual Liability

Morton and Thompson cannot be held liable for IDEA violations in their individual capacities because IDEA does not provide for individual liability.

As a preliminary matter, the court notes that Plaintiffs seek to sue Morton and Thompson in both their individual and official capacities. To the extent that Plaintiffs are suing Morton and Thompson in their official capacities, the claims will be treated as claims against Alabama DoE and Montgomery BoE, respectively, because Morton is an employee of Alabama DoE and Thompson is an employee of Montgomery BoE. See, e.g., Kentucky v. Graham, 473 U.S. 159, 165 (1985) ( citing Monell v. N.Y. City Dep't of Soc. Servs., 436 U.S. 658, 690, n. 55 (1978)) ("[o]fficial capacity suits . . . `generally represent only another way of pleading an action against an entity of which an officer is an agent.'"). Accordingly, the following analysis with respect to Morton and Thompson refers to claims against Morton and Thompson in their individual capacities.

With respect to the IDEA itself, § 1415, the section of IDEA dealing with administrative remedies and judicial review applies to "[a]ny State educational agency, State agency, or local educational agency that receives assistance under this subchapter." 20 U.S.C. § 1415(a). § 1415 does not purport to apply directly to individuals, and thus, IDEA judicial review actions should not include individuals as defendants. See L.M.P. ex rel. E.P. v. Sch. Bd. of Broward Cnty., Fla., 516 F. Supp. 2d 1305, 1312 (S.D. Fla. 2007) (noting that IDEA's "provisions overwhelmingly suggest only the school district or public agency can be held liable," but not individual defendants); see also Bradley v. Ark. Dep't of Educ., 301 F.3d 952, 957 n. 6 (8th Cir. 2002) ("IDEA is devoid of textual support for . . . an award [against individual defendants]"); Diaz-Fonseca v. Puerto Rico, 451 F.3d 13, 35 (1st Cir. 2006) ("the plain text of the statute authorizes reimbursement of educational expenses only against the agency, not against any of its officials").

Accordingly, to the extent Plaintiffs seek judicial review of the due process hearing decision against Morton and Thompson in their individual capacities, this claim is due to be DISMISSED, because Morton and Thompson are individual defendants, and IDEA does not create liability against individual defendants. The court now turns to determining whether Plaintiffs can seek judicial review of the due process decision with respect to Alabama DoE.

B. Plaintiffs Failed to Exhaust Administrative Remedies as to Alabama DoE

Even if the Plaintiffs could have stated a claim for which relief could be granted under IDEA at the administrative level, Alabama DoE cannot be a party to this case because Plaintiffs failed to exhaust any such administrative remedies as to Alabama DoE.

The Moving Defendants contend that the Plaintiffs could not. The court does not address that issue.

IDEA, 20 U.S.C. § 1400 et seq., provides state and local educational agencies assistance in educating children with learning disabilities if those state and local agencies implement the provisions of the Act. IDEA is designed to "ensure that all children with disabilities have available to them a free appropriate public education [FAPE] that emphasizes special education and related services designed to meet their unique needs." 20 U.S.C. § 1400(d)(1)(A).

If a parent believes that his or her child is not receiving a FAPE, IDEA provides a framework under which that parent can present a complaint. § 1415(b)(6). To be able to eventually litigate the complaint in court, the parent must first utilize IDEA's administrative remedies by requesting "an impartial due process hearing, which shall be conducted by the State educational agency or by the local educational agency." § 1415(f). After the impartial due process hearing, a parent may bring a civil action in either state or federal court. § 1415(i)(2)(A). IDEA allows a plaintiff to bring IDEA-related claims under other statutes and laws, however, these IDEA-related claims are also subject to the exhaustion requirement. § 1415(f); Babicz v. Sch. Bd. of Broward Cnty., 135 F.3d 1420, 1422 n. 10 (11th Cir. 1998). Thus, under IDEA or IDEA-related causes of action, a plaintiff cannot seek judicial relief without first exhausting IDEA's administrative remedies by requesting an impartial due process hearing. See Ass'n for Retarded Citizens of Ala., Inc. v. Teague, 830 F.2d 158, 160 (11th Cir. 1987).

In this case, Plaintiffs' Complaint seeks review of the impartial due process hearing, and thus seeks to bring IDEA claims or IDEA-related claims. Accordingly, to the extent the Complaint brings IDEA claims or IDEA-related claims, the Complaint is subject to the IDEA exhaustion requirement.

Plaintiffs did not satisfy IDEA's exhaustion requirement with respect to Alabama DoE. Specifically, Alabama DoE was not a party to the impartial due process hearing. (Doc. #1-2.) The IDEA exhaustion requirement is not satisfied if the defendant or defendants which a plaintiff seeks to sue in court were not parties to the impartial due process hearing. See Whitehead ex rel. Whitehead v. Sch. Bd. for Hillingsborough Cnty., Fla., 932 F. Supp. 1393, 1396 (M.D. Fla. 1996) (holding that the state department of education was due to be dismissed because it was not a party to the prior impartial due process hearing, reasoning, "[i]f Plaintiffs seek to bring suit against Defendant DOE for the Department's acts, or failure to act, they may do so [by] following the procedures of the IDEA"); McGraw v. Bd. of Educ. of Montgomery Cnty., 952 F. Supp. 248, 255 (D. Md. 1977) (holding that the exhaustion requirement applied because "Plaintiffs did not even attempt to name the State Defendants as parties at the administrative proceedings, and Plaintiffs have presented no evidence from the administrative record that their claims against the State Defendants were raised in the administrative proceedings."); Irby v. Montgomery Cnty. Bd. of Educ., No. 2:09-cv-752-MHT, 2010 WL 1267135, at *4 (M.D. Ala. Feb 5, 2010) (Moorer, Mag. J.) (recommendation to find that plaintiffs failed to exhaust their administrative remedies as to state defendants because they failed to name them in the underlying due process hearing), recommendation adopted by district judge, 2010 WL 1267158. Thus, because Alabama DoE was not a party to the impartial due process hearing, Plaintiffs failed to exhaust administrative remedies with respect to Alabama DoE.

Plaintiffs appear to argue in their Response to the Moving Defendants' Joint Motion to Dismiss that they exhausted their administrative remedies because their Due Process Complaint "clearly alleges wrongs against all of the Defendants filing the motion at issue [and t]he Hearing Officer took it upon himself to summarize Plaintiffs' contentions and decided at whom they were addressed AFTER consideration of all the testimony." (Resp. to Defs.' Joint Mot. to Dismiss at 4.) This argument fails.

Plaintiffs' Due Process Complaint does not allege that any entity other than the Montgomery BoE should be a party to the hearing. According to the Alabama Administrative Code, "[a]n impartial due process hearing is available when a parent or the public agency disagrees with any matter relating to a proposal or refusal to initiate or change the identification, evaluation, educational placement of a child or the provision of FAPE to a child." Ala. Admin. Code r. 290-8-9-.08(9)(c) (emphasis added). The only party to whom Plaintiffs specifically identified a disagreement with in her Due Process Complaint is the Montgomery BoE: "I am the parent of [redacted] and I disagree with the determinations made by the Montgomery Public School District regarding the identification, evaluation, placement, and the provision of [FAPE] for my child." (Doc. #1-1 at 1.) Although Plaintiffs made a variety of allegations as to wrongful acts committed by the Alabama DoE, all of these allegations were very general and often simply reiterated allegations made against the Montgomery BoE. Accordingly, because Plaintiffs alleged no concrete disagreement against the Alabama DoE in their Due Process Complaint, the court finds no mistake in the fact that the Montgomery BoE was listed as the only defendant party in the impartial due process hearing.

In short, the administrative exhaustion requirement applies to Plaintiffs' request for judicial review against Alabama DoE. Because Alabama DoE was not a party to the impartial due process hearing, Plaintiffs failed to exhaust their administrative remedies with respect to Alabama DoE. The same applies to Defendants Thompson and Morton in their official capacities.

Since Thompson in her official capacity would be treated the same as Montgomery BoE, there is no need for her to be included in this judicial review, even if she had been named as a defendant in that capacity in the due process hearing.

C. No Administrative Exhaustion Exception Applies

Plaintiffs argue that they should be excused from exhausting their administrative remedies with respect to Alabama DoE in their claim for judicial review of the impartial due process decision because their claim "could not be addressed sufficiently in administrative proceedings." (Resp. to Defs.' Joint Mot. to Dismiss at 3.) The court disagrees.

In the Eleventh Circuit, "`[t]he exhaustion of . . . administrative remedies is not required where resort to administrative remedies would be 1) futile or 2) inadequate.'" M.T.V. v. DeKalb Cnty. Sch. Dist., 446 F.3d 1153, 1159 (11th Cir. 2006) (quoting N.B. ex rel. D.G. v. Alachua Cnty. Sch. Bd. 84 F.3d 1376, 1379 (11th Cir. 2006)). The party seeking exemption from the exhaustion requirement has the burden of demonstrating futility or inadequacy, and to do so, that party must go beyond "speculative allegations of futility and inadequacy." Id.

Plaintiffs rely on a Third Circuit case for the proposition that exhaustion is unnecessary if a plaintiff has "alleged a widespread systemic breakdown of the provision of free, appropriate public education." M.A. ex rel. E.S. v. State-Operated Sch. Dist. of City of Newark, 344 F.3d 335, 343 (3d Cir. 2003). Plaintiffs' reliance on this case is unpersuasive for several reasons. First, in M.A., the Third Circuit did not hold that exhaustion was necessary or unnecessary, rather, it was deciding whether New Jersey had waived its sovereign immunity. Id. at 338. The quotation to which Plaintiffs erroneously point the court is a recitation of how the district court in that case declined to dismiss the defendants on the basis of exhaustion. Id. at 343. The Third Circuit expressed no opinion on that issue, in fact, it wrote that "we lack jurisdiction to review the State's exhaustion arguments at this stage of the litigation." Id. at 343. The court declines to consider Plaintiffs' citation to this case, as neither Plaintiffs nor the Third Circuit provided legal analysis on this issue, and, in any event, the Third Circuit's decisions are not binding on this court.

More important, Plaintiffs make no non-speculative allegations of futility and inadequacy. Their allegation that this case involves a "widespread systemic breakdown of the provision of free, appropriate public education" is simply speculative. Plaintiffs have not provided argument for why this allegation is true, instead, they have simply stated a conclusion. See Iqbal, 129 S.Ct. at 1949 ("While legal conclusions can provide the complaint's framework, they must be supported by factual allegations."). Specifically, Plaintiffs merely claim that "[t]he record is replete with evidence of attempts by Plaintiffs to remedy the State's wrongs at each level of administrative process as well as through alternative means, including direct requests to the defendants filing this motion." (Resp. to Defs.' Joint Mot. to Dismiss at 3.) The court cannot determine which parts of "the record" Plaintiffs are referring to, nor can it determine how the documents presented to it prove that the current situation could not have been resolved in an impartial due process hearing.

In other words, Plaintiffs have failed to satisfy their burden of showing futility or inadequacy. Thus, Plaintiffs are not exempt from exhausting their administrative remedies. Because Plaintiffs have not satisfied the administrative exhaustion requirement with respect to Alabama DoE, Alabama DoE cannot be a defendant in this action seeking judicial review of the due process hearing.

V. CONCLUSION

For the foregoing reasons, it is hereby ORDERED that the Moving Defendants' Joint Motion to Dismiss is GRANTED to the following extent:

1. Plaintiffs' claims against Morton and Thompson in their individual capacities are DISMISSED with prejudice;
2. Plaintiffs' claims against the Alabama Department of Education are DISMISSED without prejudice;
3. Plaintiffs' claims against Morton in his official capacity and Thompson in her official capacity are dismissed without prejudice.
4. The case will proceed against the Montgomery County Board of Education.

Done this 12th day of November, 2010.

CIVIL APPEALS JURISDICTION CHECKLIST

1. Appealable Orders Appeals from final orders pursuant to 28 U.S.C. § 1291: 28 U.S.C. § 158Pitney Bowes, Inc. v. Mestre 701 F.2d 1 365 1 28 U.S.C. § 636 In cases involving multiple parties or multiple claims, 54Williams v. Bishop 732 F.2d 885 885-86 Budinich v. Becton Dickinson Co. 108 S.Ct. 1717 1721-22 100 L.Ed.2d 178LaChance v. Duffy's Draft House, Inc. 146 F.3d 832 837 Appeals pursuant to 28 U.S.C. § 1292(a): Appeals pursuant to 28 U.S.C. § 1292(b) and Fed.R.App.P. 5: 28 U.S.C. § 1292 Appeals pursuant to judicially created exceptions to the finality rule: Cohen v. Beneficial Indus. Loan Corp. 337 U.S. 541 546 93 L.Ed. 1528Atlantic Fed. Sav. Loan Ass'n v. Blythe Eastman Paine Webber, Inc. Gillespie v. United States Steel Corp. 379 U.S. 148 157 85 S.Ct. 308 312 13 L.Ed.2d 199 2. Time for Filing: Rinaldo v. Corbett 256 F.3d 1276 1278 4 Fed.R.App.P. 4(a)(1): 3 THE NOTICE MUST BE RECEIVED AND FILED IN THE DISTRICT COURT NO LATER THAN THE LAST DAY OF THE APPEAL PERIOD — no additional days are provided for mailing. Fed.R.App.P. 4(a)(3): Fed.R.App.P. 4(a)(4): Fed.R.App.P. 4(a)(5) and 4(a)(6): Fed.R.App.P. 4(c): 28 U.S.C. § 1746 3. Format of the notice of appeal: See also 3pro se 4. Effect of a notice of appeal: 4 : Courts of Appeals have jurisdiction conferred and strictly limited by statute: (a) Only final orders and judgments of district courts, or final orders of bankruptcy courts which have been appealed to and fully resolved by a district court under , generally are appealable. A final decision is one that "ends the litigation on the merits and leaves nothing for the court to do but execute the judgment." , , 368 (11th Ci r. 1 983). A magistrate judge's report and recommendation is not final and appealable until judgment thereon is entered by a district court judge. (c). (b) a judgment as to fewer than all parties or all claims is not a final, appealable decision unless the district court has certified the judgment for immediate review under Fed.R.Civ.P. (b). , , (11th Cir. 1984). A judg ment which resolves all issues except matters, such as attorneys' fees and costs, that are collateral to the merits, is immediately appealable. , 486 U.S. 196, 201, , , (1988); , , (11th Cir. 1998). (c) Appeals are permitted from orders "granting, continuing, modifying, refusing or dissolving injunctions or refusing to dissolve or modify injunctions . . ." and from "[i]nterlocutory decrees . . . determining the rights and liabilities of parties to admiralty cases in which appeals from final decrees are allowed." Interlocutory appeals from orders denying temporary restraining orders are not permitted. (d) The certification specified in (b) must be obtained before a petition for permission to appeal is filed in the Court of Appeals. The district court's denial of a motion for certification is not itself appealable. (e) Limited exceptions are discussed in cases including, but not limited to: , , , 69S.Ct. 1221, 1225-26, (1949); , 890 F.2d 371, 376 (11th Cir. 1989); , , , , , (1964). The timely filing of a notice of appeal is mandatory and jurisdictional. , , (11th Cir. 2001). In civil cases, Fed.R.App.P. (a) and (c) set the following time limits: (a) A notice of appeal in compliance with the requirements set forth in Fed.R.App.P. must be filed in the district court within 30 days after the entry of the order or judgment appealed from. However, if the United States or an officer or agency thereof is a party, the notice of appeal must be filed in the district court within 60 days after such entry. Special filing provisions for inmates are discussed below. (b) "If one party timely files a notice of appeal, any other party may file a notice of appeal within 14 days after the date when the first notice was filed, or within the time otherwise prescribed by this Rule 4(a), whichever period ends later." (c) If any party makes a timely motion in the district court under the Federal Rules of Civil Procedure of a type specified in this rule, the time for appeal for all parties runs from the date of entry of the order disposing of the last such timely filed motion. (d) Under certain limited circumstances, the district court may extend the time to file a notice of appeal. Under Rule 4(a)(5), the time may be extended if a motion for an extension is filed within 30 days after expiration of the time otherwise provided to file a notice of appeal, upon a showing of excusable neglect or good cause. Under Rule 4(a)(6), the time may be extended if the district court finds upon motion that a party did not timely receive notice of the entry of the judgment or order, and that no party would be prejudiced by an extension. (e) If an inmate confined to an institution files a notice of appeal in either a civil case or a criminal case, the notice of appeal is timely if it is deposited in the institution's internal mail system on or before the last day for filing. Timely filing may be shown by a declaration in compliance with or a notarized statement, either of which must set forth the date of deposit and state that first-class postage has been prepaid. Form 1, Appendix of Forms to the Federal Rules of Appellate Procedure, is a suitable format. Fed.R.App.P. (c). A notice of appeal must be signed by the appellant. A district court loses jurisdiction (authority) to act after the filing of a timely notice of appeal, except for actions in aid of appellate jurisdiction or to rule on a timely motion of the type specified in Fed.R.App.P. (a)(4).


Summaries of

B.I. v. Montgomery County Board of Education

United States District Court, M.D. Alabama
Nov 12, 2010
750 F. Supp. 2d 1280 (M.D. Ala. 2010)
Case details for

B.I. v. Montgomery County Board of Education

Case Details

Full title:B.I., individually and on behalf of her son, B.I., Plaintiff, v…

Court:United States District Court, M.D. Alabama

Date published: Nov 12, 2010

Citations

750 F. Supp. 2d 1280 (M.D. Ala. 2010)

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